PLANT CITY EQUINE RESCUE
Equine Installment Agreement
This Equine Installment Agreement (the "Agreement") is being entered into by Plant City Equine Rescue located at 5906 Thonotosassa Road, Plant City, FL 33565 and
Name: ________________________
(herein after referred to as “Buyerâ€) with a physical address of:
Physical Address: _______________________________
City: _____________________
State: _________________
Zip: __________
as of ___________________ ,200 __ .
1. Agreement. Seller agrees to sell to Buyer and Buyer agrees to purchase from seller the horse described in section 2.1.
2. The Horse and It's Condition.
2.1. Horse. The agreement shall apply to ________________________ (name of horse),
_________________________(registration number), ______________________ (color)
mare / stallion / gelding / (circle one), foaled in _____________
(year) ("Horse").
2.2. Horse's Physical Condition. Except as specified in this section, to Seller's actual knowledge, Horse is currently sound and in good physical condition as of the date of the Agreement.
Exceptions: ________________________________________________________________________________
________________________________________________________________________________________
Buyer's initials:__________
2.3. Veterinary Records and Examination. Seller has provided Buyer with copies of Horse's shot record and other veterinary records in possession of Seller and Buyer hereby acknowledges that he or she has received and reviewed such
records and had the opportunity to review them with Buyer's veterinarian. Seller strongly recommends that buyer retain an independent equine veterinarian to examine Horse and advise Buyer of Horse's health, soundness and fitness
for Buyer's intended use. If Buyer chooses not to obtain a veterinary examination of Horse prior to entering into this Agreement, Buyer understands that Horse may have health or soundness issues that are not apparent to Buyer or
Seller, and that Buyer will be responsible for any such issues. Buyer also understands and agrees that buyer is solely responsible for retaining and paying any veterinarians who examine Horse on Buyer's behalf, regardless of the
outcome of the examination.
Buyer's initials: ____________________
2.4. Horse's Behavior. To seller's actual knowledge, Horse currently exhibits none of the following behavioral issues: biting, kicking, striking, lying down with a rider on its back, bucking, pulling back when tied, spinning, rearing, head shyness, "cinchiness" (sensitivity to being cinched up or having the girth tightened), problems loading into a trailer, problems standing for the farrier or vet, problems being bathed, clipped or trimmed, stall weaving, stall kicking, cribbing or windsucking.
Exceptions: _______________________________________________________________________________
_______________________________________________________________________________________
Buyer's initials: ____________________
2.5. Disclaimer of Warranties and Statements Regarding Horse. Except for Seller's representations regarding Seller's actual knowledge of Horse's current physical condition and behavior in Sections 2.2 and 2.4 and regarding Seller's ownership of Horse in Section 3.1, SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING HORSE, INCLUDING THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY STATEMENTS THAT MAY HAVE BEEN MADE TO BUYER REGARDING HORSE, EXCEPT FOR THOSE STATEMENTS CONTAINED IN SECTIONS 2.1-2.4.
Seller highly recommends that Buyer retain a professional trainer in Buyer's chosen discipline to evaluate the suitability of Horse for Buyer and for the Buyer's chosen discipline to evaluate the suitability of Horse for Buyer and for the Buyer's intended purpose(s).
Buyer's initials: _______________________
3. Ownership of Horse and Transfer of Registration.
3.1. Ownership of Horse. Seller warrants that Seller is the sole lawful owner of Horse, owns Horse free of any liens and encumbrances, and has all requisite rights and powers to enter into this agreement.
3.2. Transfer of Registration. After Seller has received the Purchase Price in full, Seller agrees to provide Buyer with Horse's registration papers and take any actions and sign any documents reasonably necessary to facilitate the transfer of Horse to Buyer on Horse's breed registry(ies).
4. Purchase Price. In consideration for Horse's pursuant to this Agreement, Buyer shall pay Seller the aggregate amount of $ ____in cash or in the form of a cashier's check (the "Purchase Price").
4.1. Initial installment. On , _________________20__ , Buyer shall pay Seller the amount of $___ .
4.2 Additional Installments. On the of each month, beginning with , _______________20 __ , Buyer shall pay Seller the amount of $ ___ until the Purchase price is paid in full. The period from the date of this Agreement the Purchase Price is paid in full will be known as the "Payment Period."
4.3 Failure to Pay Not a Release. If Buyer fails to pay any amounts due under this Agreement such failure will not relieve Buyer of Buyer's obligations pursuant to this Agreement, nor will it mitigate any risks that Buyer undertakes pursuant to this Agreement.
4.4 Late Payments If Seller does not receive Buyer's payment by the due date, Seller will consider the payment late. If Buyer's check is returned for insufficient funds, Seller will consider the payment late.
4.5 Penalty for Late Payments. If Seller determines that any of the Buyer's payments is late as specified in Section 4.4, Buyer will owe Seller a late fee of $25 ( or, if lower, such amount permitted by law). If any of Buyer's payments are 30 days past due, Buyer will also owe Seller interest in the amount of 7% per year on the past due amount (or, if lower, such permitted by law).
4.6 Penalty for Returned Checks. If any check issued by Buyer to Seller is returned for insufficient funds, Buyer must immediately pay Seller cash in the amount of check, plus any bank charges that Seller may incur as a result of the returned check.
4.7 Acceleration of Payments after 30 Days and Seller's Right to Repossess Horse. Buyer herby grants a security interest in Horse to Seller to secure payment of the Purchase Price. Accordingly, Buyer agrees that if any of Buyer's payments are 30 or more days late, Seller may, but is not required to, enter any premises where Horse is located and take possession of Horse. If Seller takes possession of Horse pursuant to this section, Buyer will have five days from the date that Seller take possession of Horse to deliver the remaining amount of the Purchase Price to Seller, plus any expenses incurred by Seller in taking possession of Horse. Seller will have no obligation to notify Buyer that Seller will take or has taken possession of Horse pursuant to this section. If Buyer does not deliver the remaining amount of Purchase Price plus Seller's expenses to Seller within the five-day period, Seller may retain all funds paid by Buyer pursuant to this Agreement and Seller will own Horse free and clear of all claims from Buyer.
Buyer's initials: ____________
5. Risks of Loss.
5.1. Risk of Loss of or Injury to Horse. Effective as of the date of this Agreement, Buyer assumes all risk of loss of or injury to Horse, whether or not Buyer takes possession of Horse.
Buyer's initials: ____________________
5.2. Risk of Injury or Death to Buyer. Buyer understands that equine activities are inherently dangerous and expressly assumes the risks associated with handling, caring for and riding Horse. Buyer understands that horses are inherently unpredictable animals and even the most docile horse may occasionally bolt, spook, buck, rear, bite, kick or otherwise act in such a way that may injure Buyer or others. Accordingly, Buyer agrees upon behalf of Buyer, Buyer's heirs, guardians and legal representatives, not to sue Seller, Seller's family members, heirs, employees, contractors, directors, shareholders or agents or otherwise make a claim against such parties in connection with Horse.
Buyers initials: ____________________
5.3 Waiver of Unknown Claims. Upon behalf of Buyer, Buyer's heirs, guardians and legal representatives, Buyer expressly waives any rights that Buyer might otherwise have with the regard to unknown claims. For the purpose of this
Section, "claims" shall include all actions, claims and grievances, whether actual or potential, known or unknown and specifically but not exclusively, all claims arising in connection with this Agreement.
Buyer's initials: ____________________
6. Expenses and Care and Handling of Horse during the Payment Period. The following provisions shall apply to the Payment Period.
6.1. Standard of Care. Buyer shall use all reasonable care in caring for Horse, including but not limited to providing a safe, clean, dry environment for Horse as well as regular and adequate food and water, veterinary care, hoof care, grooming and exercise. Buyer represents and warrants that Buyer has the requisite knowledge and capability to provide this standard of care.
6.2. Location of Horse. Horse shall be kept in a box stall / paddock / pasture/ (circle one)
located at: __________________________________________________
Name of Barn: ___________________________________
Box Stall _________________
Paddock _________________
Pasture __________________
Primary Residence: _______________________________
Other: _______________
Physical Address: ___________________________________
City: _____________________________
State: ________________________
Zip: ___________________
Premises Telephone Number (__ __ __) __ __ __-__ __ __ __
Buyer agrees not to remove Horse from the Premises for any reason without prior written consent of Seller, unless reasonably required for emergency veterinary care pursuant to Section 6.4 of the Agreement.
6.3 Expenses. Buyer agrees to provide all reasonable veterinary care, including routine and emergency care, for Horse.
6.5. Ferrier Care. Buyer agrees to provide all reasonable Ferrier care, including hoof trims and shoes every 6-8 weeks.
6.6. Protective Equipment. When Horse is engaged in jumping, barrel racing or other active events, Buyer shall ensure that Horse wears the following protective equipment:
6.7. Tack and Biting. When riding and handling Horse, Buyer represents and warrants that Buyer will use only tack in good condition that is properly fitted to Horse. Buyer will use only the following bit on Horse:
6.8. Restraint Devices. When handling Horse, Buyer represents and warrants that Buyer will not use twitches of any kind, ear twisting or hobbles.
6.9. Whips and Spurs. Buyer shall be permitted reasonable use of spurs, crops, bats, dressage whips and lunge whips. Buyer and Seller agree that "reasonable use" of such devices does not include any use that leaves scratches, welts, cuts or other marks on Horse.
7. Permitted Uses of Horse During the Payment Period. Except as set forth in Section 8.2, Buyer will have the exclusive right to handle and ride Horse during the Payment Period.
8. Prohibited Activities During the Payment Period. The following provisions will apply to the Payment Period.
8.1. Removal from Premises. Buyer will not permit Horse to be removed from the Premises without Seller's prior written authorization. Such duty will apply regardless of whether such move is permanent or temporary, such as a change of stall number or traveling to a horse show. Failure to comply with this section will be considered a material breach of Agreement.
8.2. Allowing Others to Ride and Handle Horse. Buyer understands and agrees that only the following persons are permitted to ride and handle Horse, and Buyer agrees not to permit anyone else to ride or handle Horse except as
specified in Sections 6.4 and 6.5 for veterinary and farrier care.
8.3. Jumping. Buyer shall not permit Horse to jump higher than feet. Buyer shall not permit Horse to jump outside of a riding arena except on an established cross-country course.
8.4. Stabling Near Other Horses with Vices. Buyer shall not stable Horse near another Horse that cribs, chews, weaves, bites, stall walks, or windsucks.
9. Amendments and Modifications. The parties may amend this Agreement only by a written agreement executed by all parties.
10. Notice
10.1. Form of Notice. All notices pursuant to this Agreement must be in writing. For the purposes of this Agreement:
Fax notice IS acceptable
E-mail IS acceptable
10.2. Delivery. All notices pursuant to this Agreement must be delivered via a method that provides proof of delivery.
10.3. Notice to Seller. All notices must be delivered to Seller at the following address:
Plant City Equine Rescue
5906 Thonotosassa Road
Plant City, Florida 33565
(Shelly) 813-239-6525 or (Cortney)863-860-5924
Fax Number 800-245-7353
10.4 Notice to Buyer. All notices must be delivered to Buyer at the following address:
Name: ______________________________
Street Address: ________________________________
City, State,Zip: __________________________________
Telephone # ( ___ ) ____ - _________
Fax ( ___ ) _____ - __________
10.5 Changes of Address and/or Phone Numbers. Until all obligations under this Agreement are completed, each party shall have the duty to notify the other parties immediately upon a change in address and/or phone numbers. If a party does not provide the other parties with notice of such changes, a notice delivered to the last address given under this Agreement shall be considered proper notice provided that the other conditions of this Section 10 have been met.
11. Assignment or Transfer. No party may assign or transfer this Agreement without prior written consent of the other parties.
12. Entire Agreement. This Agreement contains the entire agreement among the parties. Any modifications or additions must be in writing and signed by all parties to the Agreement. No oral modifications will be considered part of the Agreement unless reduced to writing and signed by all parties.
13. Governing Law and Venue. This Agreement shall be governed by the laws of Florida. The parties herby agree that any legal action under the Agreement must be brought in Pinellas County, Florida.
14. Attorney's Fees and Other Expenses. In any legal actions brought in connection with this Agreement, the prevailing party(ies) will be entitled to prompt payment of expenses from the other party(ies). For the Purpose of this Section 14, "expenses" will include the following costs actually incurred by the prevailing party(ies): attorney's fees, retainers, court costs, transcript costs, fees of experts, witness fees, travel expenses, duplicating costs, printing and binding costs., telephone charges, postage, delivery service fees, and all other disbursements.
15. This agreement does not supercede the terms & conditions of the Adoption Agreement executed in conjunction with this Agreement, including but not limited to Seller's two year adoption period.
Buyer's initials: _________________
Seller: Plant City Equine Rescue Buyer:
Signed: ____________________________
Signed: ____________________________
Name (printed) ______________________________
Name (printed) ______________________________
Date: ________/________/2006
Date: ________/________/2006
_________________________________________________________________
